Lemak's Mental Fitness Still Undetermined

Doctors and lawyers are inching toward a determination of Marilyn Lemak's mental fitness to stand trial on charges that she murdered her three children.

Prosecutors disclosed Friday in a status hearing that Lemak has completed tests to determine whether she suffers from a physiological brain disorder, but that psychological testing has not been completed. They said they did not have the test results.

The physiological tests included an MRI head scan, which shows images of the brain; a PET scan, which shows brain activity and functioning; an EEG test of electrical charges of the brain; and a series of blood tests.

DuPage County State's Atty. Joseph Birkett told Judge George Bakalis that the medical test results had not been forwarded to his office. He said he will send the findings to Lemak's defense lawyer, John Donahue, and to the judge when he receives them.

The psychological testing will not be completed until August, Birkett told the judge.

Bakalis set a court date of Aug. 17, when some test results might be disclosed in open court, lawyers said.

Lemak is accused of killing her three young children on March 4 in the family's Naperville home. Two psychiatrists--one appointed by the judge and another hired by the defense--have concluded that she is unfit to stand trial.

Those findings prompted Birkett to request further testing by medical doctors and psychiatrists selected by prosecutors.

If prosecutors in August reveal that their experts believe Lemak is fit for trial, Bakalis could schedule a hearing in which all the experts could be called to testify. The judge or a jury then would decide the question of her fitness.

If Lemak is declared unfit after such a hearing, she would be hospitalized until she is fit.

Donahue has said he plans to wage an insanity defense if his client goes on trial. He also has said that at the time of the killings, Lemak was suffering from depression, for which she took medication.

Donahue has hinted Lemak might have been suffering from an organic brain dysfunction--a suggestion that prompted Birkett to request thorough medical testing.

Lemak appeared in court Friday, looking calmer than in past appearances. Dressed in a dark blue prison uniform and white sneakers, Lemak walked easily from a holding area to the well of the courtroom. She stood before her attorney, motionless, showing no expression and saying nothing.

Donahue said after the court hearing that Lemak still was under suicide watch at DuPage County Jail, and that she was on medication and under the care of a psychiatrist.

After the hearing, Lemak's divorce attorney appeared before another judge who is to decide whether Lemak's father, William Morrissey, should be given legal authority to make financial and personal decisions for her.

Divorce lawyer Dan Kuhn, who says Lemak is not competent to handle decisions about her pending divorce, told Judge Robert Byrne that he is awaiting the results of another psychiatric evaluation on Lemak's ability to understand issues related to the divorce.

Lemak's husband, David, has requested a speedy divorce. But the divorce might be put on hold if Lemak is deemed incompetent.